DAKUA TIRIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This criminal appeal has been directed against the judgment of conviction and sentence dated 29.11.2005 and 30.11.2005 respectively passed by the Additional Sessions Judge, Fast Track Court V, West Singhbhum at Chaibasa in S.T. No. 234 of 2004 arising out of Majhgaon P.S. Case No. 33/2004 corresponding to G.R. No. 284 of 2004 whereby the appellant has been held guilty for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life.

(3.) The facts arising from the fardbayan of Sanatan Tiria recorded on 03.07.2001 at 8.30 p.m. at P.H.C. Majhgaon is that on the same date at about 12:30 noon, while the informant after having meal was taking rest in his house, the appellant armed with knife reached to the place and inflicted knife blow on his abdomen which penetrated through and through causing damage to abdominal cavity. The wife and daughter-in-law of the informant raised alarm but till then the appellant fled away from the place. On the basis of fardbayan of Sanatan Tiria (deceased), Majhgaon P.S. Case No. 33/2004, dated 03.07.2001 under Sections 341, 452 and 307 of the Indian Penal Code was registered against the appellant. During treatment Sanatan Tiria died in Sadar Hospital, Chaibasa where after Sec. 302 of the Indian Penal Code vide order dated 06.07.2004 was added. The police after due investigation, submitted charge-sheet and accordingly, cognizance was taken. The case was committed to the Court of Sessions and registered as S.T. No. 234/2004. The appellant was put on trial. Charges under Sections 302, 452 and 311 of the Indian Penal Code were framed to which the appellant pleaded not guilty and claimed to be tried. The prosecution in order to substantiate charge examined altogether thirteen witnesses and proved documents like injury report, postmortem report, fardbayan, inquest report etc.. The learned Trial Judge, at the conclusion of trial, placing reliance on the evidence and documents available on record, held the appellant guilty and inflicted sentence as indicated above.